WINDSOR AT LAGUNA OAKS HOA - Laserfiche WebLink

2 As a result of this HOA-funded routine landscape maintenance, the parties agree that upon execution of this Agreement, City will cease LLMD-funded routine landscape maintenance in the License Area. The HOA desires and the City agrees that LLMD assessment proceeds will instead be used to address the existing deficit in the LLMD account, and be used for capital LLMD expenses which will be detailed in the Engineer’s Report approved at a public hearing by the City Council as the Board of Directors of LLMD 1993-1 Windsor, and as also available as a public record. 2. Irrigation Meter. The parties acknowledge that the two water irrigation meters for the open space are currently charged to an account administered and paid by the City from the LLMD’s assessment proceeds. HOA desires, and City agrees, to transfer these two accounts, Nos. 06473 and 06476, from the City to the HOA for the HOA’s administration and payment, thereby allowing HOA to monitor water usage for the HOA’s desired higher level of landscape maintenance. Such account will be transferred to the HOA contact listed in Section 5, below, upon execution of this Agreement. 3. Standard of Care. While the HOA intends to have routine landscape maintenance in the License Area done at a higher level than currently provided by the LLMD, nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of either HOA or City by imposing any standard of care respecting the routine landscape maintenance on the License Area different from the standard of care imposed by law. 4. Indemnification and Insurance. HOA shall indemnify, hold harmless and defend City, its officers, employees and agents against any and all claims for liability, for any injury to or death of any person, or damage to any property whatsoever caused by, created by HOA, or its landscape contractors’ or agents’, activities in the License Area pursuant to this Agreement. HOA shall maintain General Liability Insurance of not less than $1,000,000 per person and $1,000,000 per occurrence, insuring against all liability arising out of and in connection with HOA’s use of the License Area. If the HOA’s contract with its landscape contractor requires the landscape contractor to name the HOA as an additional insured, the HOA shall also require the landscape contractor to name the City of Pleasanton, it’s officers, employees and agents as additional insureds. 5. Notices. Any notice that either party may or is required to give, shall be given by mail, postage prepaid, at the addresses shown below, or at such other places designated by the parties from time to time as follows: City: City Manager HOA: Windsor at Laguna Oaks Homeowners’ Assoc. City of Pleasanton c/o NAM Association Management, Inc. P.O. Box 520 P.O. Box 10968 Pleasanton, CA 94566 Pleasanton, CA 94588 DocuSign Envelope ID: 331E0F6A-3FC4-4C74-A066-5E45974C03BBDocuSign Envelope ID: 3C04032D-DB53-457C-B1C1-DE5718EEE63B